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2025 DAILYLAW 62330 (ALL)

SHIV SHANKAR v. STATE OF U.P. AND 5 OTHERS

WRIB/2073/2025 · 2025-05-22

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89155 Court No. - 50 Case :- WRIT - B No. - 2073 of 2025 Petitioner :- Shiv Shankar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Chandrakant,Shrinath Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Shrinath Dwivedi, learned counsel for the petitioner and Mr. Pankaj Kumar, learned Standing Counsel for the State- respondents. 2. Brief facts of the case are that chak revision (Revision No.168/2014-15) filed by petitioner is pending before respondent No.2/Deputy Director of Consolidation, Chitrakoot since 2015. This Court has entertained a Writ B No.33256 of 2015 filed by Ram Naresh and another against the order dated 12.03.2015 passed in chak revision No.87 of 2014-15 and 88 of 2015. Schedule prepared along with revisional order dated 12.03.2015 passed in chak revision No.87 and 88 of 2014-15 demonstrate that petitioner (chak holder No.2633) is not affected by the earlier order dated 12.03.2015 in any manner. After passing of the interim order by this Court in Writ B No.33256 of 2015, the Deputy Director of Consolidation has stayed the proceeding of revision No.168 of 2014-15 filed by petitioner on the ground of pendency of writ B No.33256 of 2015. Hence this writ petition for the following relief: "(i) issue a writ, order or direction in the nature of certiorari calling for the records and to quash the order dated 20.08.2-015 passed by the respondent No.2 in Revision No.168/2014-15 (Shiv Shankar vs. Kripa Shankar and others). (ii). issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the revision No.168/2014-015 (Shiv Shankar Vs. Kripa Shankar and others) as earlier as possible within stipulated period." 3. Learned counsel for the petitioner submitted that revision No.168 of 2014-15 filed by petitioner has no concern with the revision filed by Ram Naresh & another as revision No. 87 and 88 of 2014-15 as such proceeding of petitioner's revision No.168 of 2014-15 cannot be stayed on the ground of the pendency of the writ petition filed against the order passed in revison No.87 and 88 of 2014-15. He submitted the proper direction should be issued for disposal of the petitioner's revision No. 168 of 2014-15 in accordance with law within time bound period. 4. I have considered the arguments advanced by the learned counsel for the petitioner and perused the record. 5. There is no dispute about the fact that by the earlier revision no.87 and 88 of 2014-15 filed by Ram Naresh and another was decided and Writ B No.33256 of 2015 is pending before this Court. There is also no dispute about the fact that Revision No.168 of 2014-15 filed by petitioner (Chak holder No.2633) against the appellate order dated 28.05.2015 is pending before Deputy Director of Consolidation. 6. Considering the earlier revisional order as well as ground of revision No.168 of 2014-15 filed by the petitioner, interim order dated 12.03.2015 passed by this Court in Writ B No.33256 of 2005, the proceeding of petitioner's revision No.168 of 2014-15 should not be stayed on the ground of pendency of the Writ B No.33256 of 2005 filed by Ram Naresh and another in respect to different chak revision. 7. Considering the entire facts and circumstances of the case, the instant writ petiton is disposed of finally directing the respondent No.2/ Deputy Director of Consolidation, Chitrakoot to decide the petitioner's revision no.168 of 2014-15 after affording opportunity of hearing to both the parties expeditiously preferably within a period of three months from the date of production of certified copy of this order before him. Order Date :- 23.5.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad